Nck Tourist Home Pvt Ltd vs The State Of Kerala , Represented By
2024 Latest Caselaw 32145 Ker

Kerala High Court

Nck Tourist Home Pvt Ltd vs The State Of Kerala , Represented By on 7 November, 2024

WP(C) NO. 35041 OF 2024

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                                                       2024:KER:82897
                IN THE HIGH COURT OF KERALA AT ERNAKULAM

                                PRESENT

              THE HONOURABLE MR.JUSTICE MOHAMMED NIAS C.P.

   THURSDAY, THE 7TH DAY OF NOVEMBER 2024 / 16TH KARTHIKA, 1946

                        WP(C) NO. 35041 OF 2024

PETITIONER:

          NCK TOURIST HOME PVT LTD,
          MAVOOR, MAVOOR ROAD, KOZHIKODE DISTRICT
          REPRESENTED BY MANAGING DIRECTOR,N.C ABDULLA KOYA,
          S/O N.C KOYAKUTTY,3B, PVS VYDOORYA APARTMENT,
          PUTHIYARA P.O, KOZHIKODE DISTRICT, PIN - 673004


          BY ADVS.
          JAMSHEED HAFIZ
          T.S.SREEKUTTY
          FATHIMA NASREEN S


RESPONDENTS:

    1     THE STATE OF KERALA, REPRESENTED BY
          THE SECRETARY TO THE REVENUE DEPARTMENT
          THIRUVANANTHAPURAM, PIN - 695001

    2     THE DISTRICT COLLECTOR,
          COLLECTORATE , KOZHIKODE
          KOZHIKODE DISTRICT, PIN - 673020

    3     THE REVENUE DIVISIONAL OFFICER,
          KOZHIKODE, KOZHIKODE DISTRICT, PIN - 673020

    4     THE LOCAL LEVEL MONITORING COMMITTEE,
          REPRESENTED BY ITS CONVENOR,
          AGRICULTURAL OFFICER,
          KASABA KOZHIKODE DISTRICT, PIN - 673001

    5     THE AGRICULTURAL OFFICER,
          KRISHIBHAVAN, KASABA.,
          KOZHIKODE DISTRICT, PIN - 673001

    6     THE VILLAGE OFFICER,
 WP(C) NO. 35041 OF 2024

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                                                           2024:KER:82897
            KASABA VILLAGE, KOZHIKODE TALUK,
            KOZHIKODE DISTRICT, PIN - 673002



OTHER PRESENT:

            SMT.PREETHA K.K., SR.GP


     THIS   WRIT   PETITION   (CIVIL)   HAVING   BEEN   FINALLY   HEARD   ON
07.11.2024, THE COURT ON THE SAME DAY DELIVERED THE FOLLOWING:
 WP(C) NO. 35041 OF 2024

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                        MOHAMMED NIAS C.P., J
                       =========================
                        W.P(C) No. 35041 of 2024
                       =========================
                Dated this the 7th day of November, 2024


                              JUDGMENT

The petitioner, stated to be the owner of property having an

extent of 19 Ares 59.56 sq.m. of land comprised in Survey Nos.903/3,

904/4, 904/5, 904/6 and 905/2 situated in Kozhikode Taluk, Kasaba

Village, Kozhikode District has preferred Ext.P2 application seeking

permission for necessary change in the nature of land in the BTR under

Form 9 of the Kerala Conservation of Paddy Land and Wetland Act and

Rules, 2008 (for short, 'the Act and the Rules').

2. The learned counsel for the petitioner submits that no

orders have been passed on the statutory application so far.

3. Accordingly, there will be a direction to the 6 th

respondent Village Officer to give sufficient inputs required under the Act

and the Rules to the 3 rd respondent Revenue Divisional Officer or the

officer authorised under Section 2(XVA) of the Act, within three months

from today. On receipt of the same, the 3 rd respondent Revenue Divisional

Officer/authorised officer will consider Ext.P2 application within two WP(C) NO. 35041 OF 2024

2024:KER:82897 months thereafter and pass orders strictly in terms of the Act and the

Rules.

The writ petition is disposed of as above.

Sd/-

MOHAMMED NIAS C.P. JUDGE LU WP(C) NO. 35041 OF 2024

2024:KER:82897 APPENDIX OF WP(C) 35041/2024

PETITIONER EXHIBITS :

EXHIBIT P1 TRUE COPY OF THE TAX RECEIPT ISSUED BY THE REVENUE DEPARTMENT DATED 02.09.2024

EXHIBIT P2 TRUE COPY OF THE APPLICATION (FORM 9) FILED BY THE PETITIONER BEFORE THE 3RD RESPONDENT DATED 03.09.2024

// True Copy // PA To Judge